Resolution CM/ResDH(2021)311

Execution of the judgments of the European Court of Human Rights

De Luca against Italy

(Adopted by the Committee of Ministers on 10 November 2021 at the 1417 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

43870/04

DE LUCA

24/09/2013

08/07/2014

24/12/2013

17/11/2014

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”),

Having regard to the final judgments transmitted by the Court to the Committee in this case and to the violations of Article 6, paragraph 1, of the Convention and Article 1 of Protocol No. 1 established on account of the impossibility for the applicant to have a final judgment enforced against a municipal authority which had become insolvent;

Recalling the respondent State’s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:

- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum ; and

- of general measures preventing similar violations;

Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;

Having examined the information provided by the government in relation to the payment of the just satisfaction awarded by the Court for pecuniary and non-pecuniary damage and costs and expenses (see document DH-DD(2016)408 );

Considering that the question of individual measures was resolved in this case, given that the domestic debt had been paid in full at the date of the judgment and that the payment of the sums awarded by the Court as just satisfaction, minus the amount already paid, erased all other consequences for the applicant of the violations found;

Recalling that the question of general measures required to address the shortcomings found by the Court in this case continues to be examined within the framework of the case of Pennino v. Italy and that the closure of this case therefore in no way prejudges the Committee’s evaluation of the general measures required;

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case as regards the individual measures and

DECIDES to close the examination of this case.